Family Law (Divorce) Act 1996
Number 33 of 1996
FAMILY LAW (DIVORCE) ACT 1996
REVISED
Updated to 1 August 2022
This Revised Act is an administrative consolidation of the Family Law (Divorce) Act 1996. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), made 31 July 2022, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 33 of 1996
FAMILY LAW (DIVORCE) ACT 1996
REVISED
Updated to 1 August 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
|
Section |
|
The Obtaining of a Decree of Divorce
|
Adjournment of proceedings to assist reconciliation or agreements on the terms of the divorce. |
|
Preliminary and Ancillary Orders in or after Proceedings for Divorce
Income Tax, Capital Acquisitions Tax, Capital Gains Tax, Probate Tax and Stamp Duty
Miscellaneous
Number 33 of 1996
FAMILY LAW (DIVORCE) ACT 1996
REVISED
Updated to 1 August 2022
AN ACT TO MAKE PROVISION FOR THE EXERCISE BY THE COURTS OF THE JURISDICTION CONFERRED BY THE CONSTITUTION TO GRANT DECREES OF DIVORCE, TO ENABLE THE COURTS TO MAKE CERTAIN PRELIMINARY AND ANCILLARY ORDERS IN OR AFTER PROCEEDINGS FOR DIVORCE, TO PROVIDE, AS RESPECTS TRANSFERS OF PROPERTY OF DIVORCED SPOUSES, FOR THEIR EXEMPTION FROM, OR FOR THE ABATEMENT OF, CERTAIN TAXES (INCLUDING STAMP DUTY) AND TO PROVIDE FOR RELATED MATTERS. [27th November, 1996]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Basis of calculation of period of living apart for purposes of Act in relation to certain foreign marriages provided (16.11.2015) by Marriage Act 2015 (35/2015), s. 12(5), S.I. No. 504 of 2015.
Recognition of certain foreign marriages
12. ...
(5) Where the marriage under the law of a place other than the State of two persons of the same sex is recognised and the two persons concerned live apart from one another, the period or periods during which they live apart from one another shall, for the purposes of the Judicial Separation and Family Law Reform Act 1989, the Family Law (Divorce) Act 1996, or any other enactment, be calculated from the date (notwithstanding that it occurs before the date, under subsection (2), that the marriage falls to be recognised) on which they begin to live apart.
...
C2
Functions transferred and references to “Department of Equality and Law Reform” and “Minister for Equality and Law Reform” construed (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4 and sch., in effect as per art. 1(2).
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Justice.
(2) References to the Department of Equality and Law Reform contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Justice.
4. (1) The functions vested in the Minister for Equality and Law Reform
( a ) by or under any of the Acts mentioned in the Schedule to this Order, and
( b ) by virtue of the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 (S.I. No. 34 of 1993).
are hereby transferred to the Minister for Justice.
(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Justice.
...
SCHEDULE
Acts, functions under which are transferred from the Minister for Equality and Law Reform to the Minister for Justice.
...
Family Law (Divorce) Act 1996 (No. 33 of 1996)
...
Editorial Notes:
E1
Proceedings under Act included in definition of family law proceedings (1.01.2018) by Mediation Act 2017 (27/2017), s. 2(1), S.I. No. 591 of 2017.
E2
Rights and incumbrances, for purposes of Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117, confirmed to include claims under Act (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117(4)(a), S.I. No. 356 of 2009.
E3
Central Authority authorised to act on behalf of a maintenance creditor under Act by Maintenance Act 1994 (28/1994), s. 4(2)(a), as substituted (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 22(2), S.I. No. 353 of 1999, and subsequently substituted (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012), s. 2(1)(b), commenced on enactment.
E4
Exemption from deduction of income tax for payments made pursuant to an order under Act (other than under s. 17) provided (from year 1997-1998) by Taxes Consolidation Act 1997 (39/1997), s. 1027, commenced as per s. 1097.